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An Analysis of the Mandatory Reporting Requirement proposed by the Independent Inquiry into Child Sexual Abuse
The Inquiry’s proposal that offences of child sexual abuse should be subject to mandatory reporting requirements has long been the subject of discussion in other countries. The first mandatory reporting laws were enacted in the United States during the mid-1960s in response to the recognition that severe physical abuse of children by their parents (otherwise termed battered child syndrome) was a public health issue. This initial legislative enactment imposed a duty upon medical professionals (known as mandated reporters) to report their concerns regarding such abuse. Similar laws were subsequently enacted in Australia and Canada. Over time, the legislation was expanded to widen the category of mandated reporters and encompass broader abuse categories, including neglect and sexual assaults.
The UK government introduced a mandatory reporting duty in October 2015, requiring regulated health/social care professionals and teachers to report female genital mutilation (FGM) in cases where practitioners have either received a disclosure of FGM from a child or observed physical signs that an act of FGM may have occurred (S74 of the Serious Crime Act 2015).
Considering this background and in pursuit of the Inquiry’s overarching ambition to raise greater public awareness about child sexual abuse, it is perhaps unsurprising that the Inquiry has recommended the introduction of a broader, mandatory reporting requirement in England and Wales.
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